P. Nandhakumar vs S. Sathya - 2021 Supreme(Mad) 3584

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Mad) 3584

S. M. SUBRAMANIAM
P. Nandhakumar – Appellant
Versus
S. Sathya – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Sumithra Chakkaravarthi
For the Respondent: Mr.T.L.Thirumalaisamy

JUDGMENT :

PRAYER : Civil Miscellaneous Appeal filed under Section 47 of the Guardian and Wards Act, 1890, against the order dated 05.06.2018 made in G.W.O.P.No.75 of 2016 on the file of the Principal District Court, Namakkal.

The judgment and decree dated 05.06.2018 passed in G.W.O.P.No.75 of 2016 is under challenge in the present Civil Miscellaneous Appeal.

2. The appellant is the father of the minor child and the respondent is the mother of the minor child. The marriage between the appellant and the respondent was solemnized on 28.10.2012 and they were living together happily. A female child born from and out of wedlock. Now, the child is aged about 8 years namely Yalini. Due to difference of opinion, the appellant and the respondent are living separately. The respondent/wife states that she was forced to leave the matrimonial home. Litigations are pending, more specifically, the divorce petition filed by the appellant in H.M.O.P.No.66 of 2005 was dismissed by the trial Court and the appellant preferred an appeal and the said appeal is pending. Admittedly, the appellant and the respondent are living separately for about 5 years. All along, the child right from the birth is with the

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